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Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

Article 5 Role of the Council

1.

The Council shall have the powers to adopt all the measures necessary for the implementation of this Convention.


2.

In particular, the Council shall be empowered,

(a)

by a unanimous vote of all the Member States:

(i)

to decide on the accession of states referred to in Article 15.3, and on the terms and conditions governing such accession;

(ii)

to decide on amendments to the Annexes and on the date of their entry into force;

(iii)

to approve the conclusion of cooperation Agreements with non-member States;

(iv)

to decide to dissolve or not to dissolve EUMETSAT in conformity with Article 19;

(v)

to decide on the modalities for embarking on the execution of systems other than that defined in Annex I and matching the objectives of EUMETSAT;

(b)

by a two-thirds majority vote of the Member States present and voting representing also at least two-thirds of the total amount of contributions:

(i)

to adopt the annual budget, together with the level of staff complements and the expenditure and income forecast for the following three years attached thereto;

(ii)

to approve annually the accounts of the previous year, together with the balance sheet of the assets and liabilities of EUMETSAT, after taking note of the auditor's report, and give discharge to the Director in respect of the implementation of the budget;

(iii)

to adopt the appropriate measures referred to in Article 9.4;

(iv)

to adopt the financial rules as well as all other financial provisions;

(v)

to fix the amount of the special payment referred to in Article 16.5;

(vi)

to decide on the way EUMETSAT will be dissolved pursuant to the provisions of Article 19.3 and 4;

(vii)

to decide on the exclusion of a Member State pursuant to the provisions of Article 13;

(viii)

to decide on any transfer of the EUMETSAT Headquarters;

(ix)

to adopt the staff rules;

(c)

by a two-thirds majority of the Member States present and voting,

(i)

to appoint the Director for a specific period, and terminate or suspend his appointment; in the case of suspension the Council shall appoint an Acting Director;

(ii)

to define the operational specifications of the European meteorological satellite system, as well as the products and services which the system will provide to the Member States, as described in Annex I;

(iii)

to approve the conclusion of any Agreement with Member States, international governmental and non-governmental organisations, or national organisations of Member States;

(iv)

to adopt recommendations to the Member States concerning amendments to this Convention;

(v)

to adopt its own rules of procedure;

(vi)

to appoint the auditors and to decide the length of their appointments;

(d)

by a majority of the Member States present and voting,

(i)

to approve appointments and dismissals of senior staff;

(ii)

to decide on the setting-up of subsidiary bodies and working groups and define their terms of reference;

(iii)

to decide on any other measures not explicitly provided for in this Convention.


3.

Each Member State shall have one vote in the Council. However, a Member State shall have no vote in the Council if the amount of its arrears of contributions exceeds the assessed amount of its contributions for the current financial year. In such case the Member State concerned may nevertheless be authorised to vote if a two-thirds majority of all the Member States entitled to vote considers that the non-payment is due to circumstances beyond its control. For the purpose of determining unanimity or the majorities provided for in the present Convention, no account shall be taken of a Member State that is not entitled to vote.
The expression "Member States present and voting" shall mean the Member States voting for or against. Member States that abstain shall be considered as not voting.


4.

The presence of representatives of a majority of all the Member States entitled to vote shall be necessary to constitute a quorum. Council decisions in respect of urgent matters may be secured by means of a written procedure in the interval between Council meetings.



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